The case law of the European Court of Justice according to the European Convention for the protection of Human Rights and the fundamental freedoms.
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The case law of the European Court of Justice according to the European Convention for the protection of Human Rights and the fundamental freedoms (ECHR) Historical development of the case law Interpreted in this way, the provision at issue contains nothing capable of prejudicing the fundamental human rights enshrined in the general principles of community law and protected by the court1. With this decision of the European Court of Justice in the Stauder Case, the Court for the first time made clear that the fundamental human rights, are among the general principals of the law of the European Community and that the Court has to respect and protect this principals. In earlier cases the Court refused to accept the fundamental human rights as laid down in the several constitutions of the member states and the Treaty of Rome, known as the European Convention for the protection of Human Rights and the fundamental...


